esa apeal

hi ive recently been awarded high rate mobility and low care componment .i went yesterday for my esa apeal and ive lost it its come back as apeal refused ive got no esa at all. will this affect my dla and were do i go from here could you advice me plz im worried out of my mind thankyou denise

denny wrote: hi ive recently been awarded high rate mobility and low care componment .i went yesterday for my esa apeal and ive lost it its come back as apeal refused ive got no esa at all. will this affect my dla and were do i go from here could you advice me plz im worried out of my mind thankyou denise

Hi d,

How "recently" was your DLA award ? The minimum period that a DLA award should run before being reviewed is one year.

We have heard from members where an adverse ESA85 Medical Report recommending a fit for work decision, compiled by ATOS as the result of an ESA face to face assessment has been used when assessing/reviewing a claimant for DLA, and has had an adverse effect on the DLA claim/award.

The DLA Decision Maker would have had access to this ESA85 shortly after the face to face, and the resulting adverse ESA decision.

You should remember that the qualifying criteria for DLA and ESA are different, e.g. the Mobility test for DLA is with respect to walking only.

The "Mobilising" test for ESA also includes the use of a manual wheelchair unaided. So it could be possible to be awarded DLA Mobility due to your walking limitations, but fail to be awarded any points for the ESA "Mobilising" test as it was considered that you could self propel a manual wheelchair unaided.

This is just one example.

With regards to what you can do now, have a look at this topic from earlier today :

www.benefitsandwork.co.uk/forum?view=top...d=10&id=99121#109977

Please reply to this topic if you have further queries.

bro58

Hi,

Thanks for the reply. I first got refused DLA then went to appeal, won LR Mobility then I I had a change of circumstances as my condition deteriorated. I have Spondylitilosis and a fracture in my spine.

My new DLA claim was awarded on the 14/08/2013 for 2 years.

denny wrote: Hi,

Thanks for the reply. I first got refused DLA then went to appeal, won LR Mobility then I I had a change of circumstances as my condition deteriorated. I have Spondylitilosis and a fracture in my spine.

My new DLA claim was awarded on the 14/08/2013 for 2 years.

Hi d,

As you can see, I have edited your post to lower case, as block capitals come across as shouting to members who use screen reader software.

Please try and keep you post in normal lower case.

It would be logical to surmise that the DLA DM would have had access to the ESA85 Medical Report, so they may still feel that you qualify for the current awards of DLA.

As it appears that your conditions have deteriorated since the time of the adverse ESA fit for work decision, you may be successful in your fresh claim.

You should take into account that the current DLA award would be made on how you are now, whereas the adverse ESA decision would have been made on how you were at the time of the face to face.

Therefore, the ESA Tribunal would have not have been able to take into account any deterioration in your condition since the time of the adverse fit for work decision. They can only re-look at how you were at the time of the ESA fit for work decision.

If you do make a fresh claim, ensure that you reference our :

ESA Claims Guides when filling in the ESA50 when you receive it.

bro58

HI ive just been to look at that link so i have to wait 6 months now befor i could apply again would it be like wen i first started esa as ive been paid for 365 days and had no payment since june .if i waited 6 months do i go through the whole procedure again and would i get esa back again for a yr.? also does this mean im not enteilted to anything and lastly who do i contact to get a written statement to find out why i have been refused ? sorry trying find out befor this closes as i know im not goin to sleep tonight im more worried about my dla as ive been through hell and back to get it

so so sorry i am rushing and didnt realise cap lock was on very very sorry